Form I-9 Employment Eligibility Verification

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Form I-9 Employment Eligibility Verification

Disclaimer

This presentation is intended for employers and their authorized representatives. This presentation provides basic guidance about the rules and responsibilities during the employment eligibility verification process. For more information visit the I-9 Central website.

This presentation is not intended for members of the media. For all media inquiries visit the U.S. Citizenship and Immigration Services Media Contacts webpage.

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Agenda

? Background ? Completing the Form I-9 ? Storage and Retention ? Form I-9 and E-Verify ? Resources

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Background

In 1986, in an effort to control illegal immigration, Congress passed the Immigration Reform and Control Act (IRCA).

IRCA forbids employers from knowingly hiring individuals who do not have work authorization in the United States.

The employment eligibility verification provisions, and sanctions, of IRCA are found in Section 274A of the Immigration and Nationality Act (INA).

Form I-9 Overview

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Working in the U.S.

? Citizens of the United States ? Noncitizen Nationals of the United States ? Lawful Permanent Residents ? Aliens Authorized to Work

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Employment Verification

To comply with the employment eligibility verification provisions ALL employers must:

For Employees hired after November 6, 1986

? Verify the identity and employment authorization documents ? Complete and retain a Form I-9

Employers MUST refrain from discriminating against individuals on the basis of actual or perceived national origin, citizenship or immigration status

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Preventing Discrimination

The anti-discrimination provisions of the INA prohibit four types of unlawful conduct:

Citizenship or immigration status discrimination* National origin discrimination* Unfair documentary practices during Form I-9 process Retaliation * Actual or perceived

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Immigrant and Employee Rights Section (IER)

The anti-discrimination provisions of the INA are enforced by:

Department of Justice Civil Rights Division Immigrant and Employee Rights Section ? Employees may contact IER anonymously for information regarding employment discrimination and employee rights and responsibilities.

1-800-255-7688 (TDD: 1-800-616-5525) ? Employers may also contact IER anonymously.

1-800-255-8155 (TDD: 1-800-362-2735)

See IER's "Employer Dos and Don'ts."

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